During the ongoing session (Feb-March 2023) of the Intergovernmental Conference (IGC) for Biodiversity Beyond National Jurisdiction (BBNJ), India has urged member nations to prioritise the conservation and preservation of oceans and their biodiversity.?
India has also supported the high-ambition coalition to reach an early conclusion of the International Legally Binding Instrument of BBNJ under the United Nations Convention on the Law of the Sea (UNCLOS).
There have been ongoing intergovernmental talks since 2014, with the most recent one taking place in Feb-March 2023. While there has been significant progress on some major issues, negotiations are still ongoing, and there is no consensus on important issues such as funding, intellectual property rights, and institutional mechanisms.?
India's approach to biodiversity management aligns with three globally accepted principles: conservation, sustainable usage, and equitable benefit sharing.
The BBNJ Treaty also called the Treaty of the High Seas, is an international agreement that aims to preserve and sustainably use the marine biodiversity of areas beyond national jurisdiction.?
This includes the high seas, which are outside of countries' exclusive economic zones and makeup nearly half of the Earth's surface. These areas are currently poorly regulated and only 1% of them are protected.?
The High Ambition Coalition on Biodiversity Beyond National Jurisdiction was launched in February 2022 to negotiate and achieve a comprehensive and ambitious outcome.?
The negotiations focus on elements agreed upon in 2015, such as the conservation and sustainable use of marine genetic resources, area-based management tools like marine protected areas, environmental impact assessments, and capacity-building and technology transfer.
Biodiversity Beyond National Jurisdiction (BBNJ) refers to the areas beyond the jurisdiction of any single country, such as the high seas, the deep sea floor, and the international seabed area.?
These areas are critical for the health of the ocean, the well-being of coastal people, and the overall sustainability of the planet. BBNJ comprises 95% of the ocean and provides invaluable ecological, economic, social, cultural, scientific, and food-security benefits to humanity.
BBNJ, despite its resilience in the past, is currently at risk due to several emerging dangers such as pollution, overexploitation, and the observable consequences of climate change. In the future, the escalating need for marine resources, whether for food, minerals, or biotechnology, may intensify these issues.
For example, deep-sea mining, where valuable metals are extracted from the ocean floor, is becoming more prevalent despite the fact that little is known about the biodiversity in these areas.?
The deep seafloors, believed to be the harshest habitat, are also facing the extinction process.?
A recent study assessed 184 species of Molluscs in the deep sea and found that 62% are listed as threatened: 39 are critically endangered, 32 are endangered and 43 are vulnerable. Yet, the International Seabed Authority, a Jamaica-based intergovernmental body, is allowing deep-sea mining contracts.
To address these threats, there is a need for a legally binding instrument for BBNJ. The instrument would provide a framework for the conservation and sustainable use of BBNJ and would address gaps in the current international legal regime.?
Currently, BBNJ is governed by a patchwork of international agreements, conventions, and bodies, but there is no single comprehensive framework that regulates activities in these areas.
The legally binding instrument would establish a mechanism for the conservation and sustainable use of BBNJ, including measures to protect biodiversity, manage human activities, and ensure the equitable sharing of benefits.?
It would also provide for capacity-building and technology transfer to support the implementation of these measures. Additionally, the instrument would provide for monitoring, assessment, and review to ensure the effectiveness of its provisions.
More than 60% of the biodiversity occurring in areas beyond national jurisdiction remains to be managed and regulated with a legal framework aimed at conservation.?
Therefore, a legally binding instrument for BBNJ is critical to ensure the health and sustainability of the ocean, as well as the well-being of coastal communities and the planet as a whole.